ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of Imo State High Court in Charge No. HME/2C/98, delivered on 18th May, 2007 by Hon. Justice P.O. Nnadi (as he then was now Chief Judge of Imo State), wherein the learned trial Judge convicted and sentenced the Appellant to death, together with his two sons, who were charged along with him, for the murder of one Rose Omenuko on 9/2/1998. Earlier, his daughter Cecilia Enweremadu who was the 4th Accused person, had died in custody.
Appellant and his said children were arraigned on a murder charge, as follows (Appellant being the 1st Accused):
Statement of Offence
Murder contrary to Section 319(1) of the Criminal Code Cap 30 Vol. 11 Laws of Eastern Nigeria, 1963, applicable to Imo State of Nigeria.
Particulars of Offence
Nze Ikemenanwe Enweremadu, Boniface Enweremadu, Philip Enweremadu and Cecilia Enweremadu on 8th February, 1998, at Umuagu Obowo in the Mbano/Etiti Judicial Division murdered Rose…